David Gehrig

David S. Gehrig

Partner

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Infrastructure
Infrastructure
San Francisco

David assists public agency clients with legal issues related to public works construction projects. His clients include cities, counties, transit agencies, health care districts and water districts. He has worked on numerous large-scale infrastructure projects, from the drafting of the contract specifications, through the bid process, to contract completion and claims resolution. He has considerable experience with contract award disputes, subcontractor substitution issues, bidder pre- qualification, and has successfully resolved several stop payment notice lawsuits for public agency clients.

Design-build and Alternative Project Delivery Methods

Design-build contracting is increasingly being recognized as a more effective project delivery method for public agencies seeking to improve the efficient delivery of their public works projects. David has written papers and presented at conferences on this topic for a number of years, and has considerable recent experience on a number of large infrastructure projects. David is also familiar with the wider range of alternative project delivery methods, and has assisted clients with CM at Risk contracts, lease-leaseback contracts, and public-private partnership arrangements. He works closely with clients to identify which available project delivery methods are best suited for a particular project.

Water District General Counsel

David has served as general counsel to the Purissima Hills Water District for almost 10 years. In that capacity, he has developed expertise with open meeting laws, Public Records Act compliance, guided the District through compliance with Proposition 218 requirements during rate increases, and compliance with emergency drought regulations issued by the California State Water Resources Control Board.

Prevailing Wage and Labor Code Compliance

David has considerable expertise with prevailing wage and Labor Code compliance issues. He has assisted agencies and contractors with resolving Civil Wage and Penalty Assessments issued by the Department of Industrial Relations, including the revocation of a $6.4M Civil Wage and Penalty Assessment on behalf of a transit agency. David has also has guided public agencies through SB 854 requirements, and serves as legal counsel to an in-house Labor Compliance Program for a large transit district. For private clients, he has advised on prevailing wage compliance strategies and obtained several favorable prevailing wage coverage determinations from the California Department of Industrial Relations.

Representative Work

Pure Water Soquel, Soquel Creek Water District. Hanson Bridgett was recently hired to guide the Soquel Creek Water District through the development of two separate progressive design-build contracts, as well as an innovative operation and maintenance contract, all to recycle local wastewater and replenish the local groundwater basins and slow seawater intrusion. David Gehrig is serving as lead counsel, and Hanson Bridgett is taking the lead in development all agreements for the project, and assisting with the development of the RFQ and RFP documents.

Gravity Pipeline Project, Silicon Valley Clean Water. David Gehrig served as the lead attorney to outline, draft and assemble tailored progressive design-build contract documents for an approximately $190M tunneling and pipeline project. In this capacity, David coordinated with engineering consultants and staff through the planning, pre-qualification, and contract award stages. David also advised on pivotal issues related to bonding, insurance, subcontractor selection, and conflicts of interest. The contract was awarded on October 11, 2017 to the Bernard-Bessac Joint Venture team, and Stage 2 construction has commenced. Jerett Yan and Nicole Witt provided assistance on this project.

Front of Plant Project, Silicon Valley Clean Water. David Gehrig served as the lead attorney, with assistance from Jerett Yan, to assemble tailored progressive design-build contract documents for an approximately $90M expansion and upgrade of a wastewater treatment plant. In this capacity, David coordinated with engineering consultants and staff through the planning, pre-qualification, and contract award stages. David also advised on pivotal issues related to bonding, insurance, subcontractor selection, and conflicts of interest. The contract was awarded on November 9, 2017 to JF Shea-Parsons Joint Venture team, and Stage 2 construction has commenced.

Pump Station Improvements Project, Silicon Valley Clean Water. David Gehrig served as the lead attorney, with assistance from Jerett Yan, to assemble tailored progressive design-build contract documents for an approximately $150M project to replace or upgrade three pump stations and a force main. In this capacity, David coordinated with engineering consultants and staff through the planning, pre-qualification, and contract award stages. David also advised on pivotal issues related to warranties and bonding. The project is anticipated to be awarded in February 2019.

Outpatient Infusion Clinic, Salinas Valley Memorial Healthcare System. David Gehrig served as lead counsel, with assistance from Jerett Yan, for the assembly of the procurement and contract documents for a design-build project for the conversion of a medical office building into an outpatient infusion clinic. The work included preparation of the RFQ, RFP, and design-build agreement. The contract was awarded on March 22, 2018 to Avila Construction Company for lump sum of $3.8 million. The project is near completion.

Charles Meyer Desalination Plant, City of Santa Barbara. The City of Santa Barbara, like many communities around the state, is concerned about an adequate supply of drinking water. In 2015, it awarded a contract to re-commission the Charles Meyer Desalination Plant (Plant), originally constructed in 1991 but never operated. Michael Conneran and David Gehrig, worked with the City staff and consultants to develop a prequalification process and RFQ document that resulted in three proposal teams being pre-qualified. They then coordinated on the development of a comprehensive RFP for design-build-operate services to make the Plant operational again, and to operate the Plant for an initial period of five years. The RFP was based on a "best value" award process, and was tailored to incorporate various provisions from different source documents. The contract was awarded by the City Council on July 21, 2015 and is currently producing potable water.

Peninsula Corridor Electrification Project, Peninsula Corridor Joint Powers Board (JPB). The JPB operates the Caltrain commuter rail service from Gilroy to San Francisco. In July of 2016, the JPB has awarded an approximately $700M design-build project to convert the train service from diesel locomotive power to overhead electrical power (CalMod). David Gehrig was the lead attorney for this contract. In that capacity, he coordinated with engineering and procurement staff to develop a comprehensive pre-qualification process and RFQ document that resulted in six proposal teams being pre-qualified, and developed a comprehensive 4-volume RFP document based on a "best-value" award process, and assisted with a large volume of proposer questions and addenda. The contract is ongoing.

Skyline Building 12, San Mateo County Community College District. David Gehrig served as lead counsel for the assembly of the procurement and contract documents for a large-scale design-build project on the campus of Skyline Community College. The work included preparation of the RFQ, RFP, and design-build agreement. The contract was awarded in December 2016 and is ongoing.

Cañada Building 23, San Mateo County Community College. David Gehrig served as lead counsel for the assembly of the procurement and contract documents for a large-scale design-build project on the campus of Cañada Community College. The work included preparation of the RFQ, RFP, and design-build agreement. The contract was awarded in January 2017 and is ongoing.

Full-Scale Fixed-Bed Biological Perchlorate Destruction Demonstration Project, West Valley Water District. David Gehrig served as lead counsel for the expedited development of lump sum design-build contract documents for an environmental demonstration program to remove perchlorate from ground water sources. The contract was executed despite the expedited time-frame, and included carefully tailored warranties and performance guarantees.

Bus Fuel and Wash Facility, Livermore Amador Valley Transit Authority (LAVTA). Hanson Bridgett assisted LAVTA with the planning, drafting, and award of its first design-build contract for a new Bus Fuel and Wash Facility. David Gehrig was the lead attorney on this project. The project was awarded in November of 2011. The project was completed on time and under budget, and won the Western Council of Construction Consumers Distinguished Project Award.

Publications

"The Benefits of Design-Build," In the Loop with the Hanson Bridgett Government Group Video Alert (September 2017)

"AB 626 Creates New Procedural Requirements for Public Works Claims," co-author, Government Law Alert (December 2016)

"Chapter 7: Public Contracting," reviewer, Municipal Law Handbook (2016)

"A Step Forward for Public Works Contracting – Design-Build in the Public Sector After the Adoption of SB 785," Hanson Bridgett White Paper (May 2015)

"New Public Works Requirements for Contractors and Public Agencies Pursuant to SB 854," co-author, Public Agency Law Alert (December 2014)

"​New Case Confirms Competitive Bidding Exception for Lease-Leaseback Projects Award By School Districts," co-author, Construction Law Alert (September 2014)

"Bracing for Construction Claims: Seven Things You'll Wish You Had Done When the Claims Come," Construction Law Alert (May 2013)

"Design-Build is Gaining Traction in the Public Sector," co-author, Construction Law Alert (March 2011)

Integrated Project Delivery (IPD) Video Series (July 2010)

"Alternative Project Delivery Methods for Public Works Projects in California," Construction Law Alert (March 2009)

"Public Contract Disclosures," San Francisco Daily Journal (December 2006)

"Changes to Prevailing Wage Laws Expose Public Agencies to Potential Liability," Public Agency Advisory (February 2004)

See All Publications

Presentations

"Progressive Design-Build Contracting", Community College Facilities Coalition Annual Conference (September 2018)

“Design-Build for Public Works Projects,” County Counsels’ Association of California Public Works and Contracts Spring 2015 Study Section Conference (May 2015)

“Design-Build for Public Works Projects,” City Attorneys' Spring Conference (May 2015)

"Bracing for Construction Claims: Seven Things You’ll Wish You Had Done When the Claims Come," co-speaker, American Public Works Association, Northern California Chapter (November 2014)

"Design-Build for Public Works Projects," 45th CSDA Annual Conference & Exhibitor Showcase (October 2014)

"Design-Build for Public Works Projects," 17th Annual APWA NorCal Public Works Conference (November 2013)

“Bracing for Construction Claims: Seven Things You’ll Wish You Had Done When the Claims Come,” League of California Cities 2013 City Attorney Spring Conference (May 2013)

"Overview of California Stop Payment Notice Laws," Telfer Oil Annual Meeting on Public Works Construction Issues (March 2013)

"Design-Build/Public Private Partnerships," co-presenter, County Counsels’ Association of California Fall 2011 Public Works & HazMat Study Section (October 2011)

"Creative Options for Delivering Public Works Projects: Design-Build and Public-Private Partnerships," co-presenter, CSDA Annual Conference (October 2011)

"Eight Things You’ll Wish You Had Done When the Construction Claims Come," American Public Works Association (March 2011)

"Bracing for Construction Claims During a Slow Economic Recovery," Public Agency Construction Seminar (September, October 2010)

"Alternative Project Delivery Methods for Public Works Projects," League of California Cities (September 2009)

See All Presentations

Press

"More Attorneys Are Jockeying for Public Projects," Daily Journal (June 2009)

Professional Affiliations

California Special Districts Association, Public Contracting Expert Feedback Team

Bar Association of San Francisco

Education

J.D., University of California, Hastings College of the Law (1995)

B.A., with distinction in English, Phi Beta Kappa, University of Washington (1991)

Admissions And Courts

California

Washington

U.S. District Court for the Northern District of California

U.S. District Court for the Eastern District of California

Languages

German

Swiss German

Law Blog

Infrastructure Law Blog
Insights on California and National Public Works Construction Issues

San Francisco

415-995-5063 Direct Phone
415-995-3416 Fax

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Firm Leadership

Infrastructure Co-Practice Group Leader